Arizona Public Intoxication Laws: Drunk in Public

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Arizona law does not contain criminal or civil penalties for a person found
to be drunk in public. Instead, under certain circumstances, a publicly
intoxicated person may be taken into protective custody and transported to a
treatment center or even jail if a local treatment center is not available.

Intoxication & Incapacitation

Arizona defines an intoxicated person as someone whose
mental or physical functioning is substantially impaired by the immediate
effects of alcohol. A person incapacitated by alcohol is
unconscious, or whose judgment is so impaired that the individual is unable to
make a decision regarding the need for evaluation or treatment, unable to take
care of basic needs or safety, or lacks the ability to make or communicate
personal rational decisions.

(Ariz. Rev. Stat. § 36-2021)

Public Intoxication & Limits on Local Lawmaking

Arizona state law prohibits a county, municipality, or other political
subdivision from passing or enforcing any law, resolution, or rule that imposes
a civil or criminal penalty for being a common drunkard or for being found
intoxicated. This prohibition does not prevent the political subdivisions from
passing laws that carry penalties for operating cars, boats, or machinery while
intoxicated; nor does it prohibit political subdivisions from passing laws
pertaining to the sale, purchase, possession, or use of alcoholic drinks at
specified times or places or by certain classes of people.

In other words, a city may not pass an ordinance that imposes a $100 fine for
being drunk in a city park, but it may impose jail time and a fine for driving
drunk or possession of alcohol by a person under 21 years of age.

(Ariz. Rev. Stat. § 36-2031)

Treatment Facilities, Detention Centers, & Protective Custody

Arizona law addresses the emergency admission of intoxicated persons to
treatment facilities. A peace officer or any other individual may bring a
publicly intoxicated person to an approved local alcoholism reception center if
the person:

has threatened, inflicted, or attempted to inflict physical harm on the self
or upon others unless admitted for treatment, and

is incapacitated by alcohol

An alcoholism reception center conducts an initial evaluation and arranges
further evaluation or treatment.

A peace officer may also bring a person believed to be intoxicated in public
to a local alcoholism reception center if the person is or may be a danger to
self or others. In doing so, the officer may use onlythe minimum restraint necessary to transport
the person to the center. The alcoholism reception center is similarly
prohibited from using unnecessary or unreasonable force.

Release From Alcoholism Reception Centers & Detention Facilities

A person admitted to an alcoholism reception center must be discharged from
the center within 24 hours of requesting to be discharged, or upon determination
by the center administrator that the grounds for admission no longer exist.

Alternatively, the individual may be transported to a detention facility such
as a jail if no alcoholism reception center is located within 10 miles (or if
the local center is filled to capacity); the city, town, or county has
temporarily approved the detention facility for such purpose; and no responsible
person is available to assist the person suspected of being intoxicated.

An intoxicated person admitted to a detention facility may be held in
protective custody until no longer intoxicated, until released to a responsible
person, or after being held for 12 hours, whichever occurs first. A person held
in protective custody is not considered to be under arrest.

(Ariz. Rev. Stat. §§ 36-2026, 36-2031)

When To Consult An Attorney

Although Arizona law does not civilly or criminally punish people who are
drunk in public, public drunkenness may cross into legal liability for an
individual when that person engages in illegal behavior such as drunk driving or
underage possession of alcohol. If you are accused of a crime involving
intoxication, you should speak with an attorney. An attorney experienced in
handling such matters can evaluate your case and explore possible defenses.
Having an attorney is critical to protecting your rights while navigating what
are often complex issues in a case.